Restons CCJ - My defense?

[jaguarsuk]

CPR 31.14 does apply and the fact that they are not complying with it suggests they can't to me. Whether you should have had something previously is irrelevant and they should comply with your request.

They are lying about the default notice and they must evidence a compliant default notice to s.88 of the CCA 1974 has been served on you.

Furthermore they Notice of Assignment must be from JD Williams not them, s.136 of the The Law of Property Act 1925 talks about the assignor serving notice not the assignee.

The fact this is their reply to you filing a defence suggests to me that they know they have nothing.

I'd send the below if it were me, but you may wish to tone it down because I'm in a bad mood today and have probably written a properly vicious version.

Dear Sirs

RE: Them -v- You Claim No: XXXXXXXX

Thank you for your letters regarding this matter the contents of which are noted.

I will not be disclosing my income or expenditure to you and as for lifting the stay with an attempt to strike out my defence, I absolutely invite your client to instruct you to do so.

I would like to take this opportunity to reiterate the points made in my defence and to add that you absolutely must evidence that a Default Notice compliant with the Consumer Credit Act 1974 section 88 was served upon me by the original creditor to satisfy the criteria in that act that allows your client to bring a claim.

Furthermore I do not remember being served a Notice of Assignment by the original creditor pursuant to The Law of Property Act 1925 section 136 and will expect you to evidence one at a hearing to establish your client even has the legal right to bring any claim.

The request I made for a copy of the consumer credit agreement pursuant to the Consumer Credit Act 1974 section 77-79 still remains outstanding as does my request pursuant to CPR 31.14 to inspect the documents mentioned in your statement of case. This and your correspondence relating to both are noted pursuant to CPR 27.14 with a view to costs at the hearing.

Finally I note that your client continues to telephone me regarding this matter, I will only accept correspondence in writing via email or post now this is a matter in the County Court, you should advise your to cease the telephone calls immediately. Should they continue I may file proceedings without further reference to your client pursuant to the Protection from Harassment Act 1997 as your client having now been advised to cease them should know or ought to know that continuing would cause me harassment.

Should you be under the illusion that the Protection from Harassment Act 1997 only applies to individuals I refer you to the matter of Fergusson v British Gas 2009 in which it was established that the defendant did harass the claimant with substantial damages awarded.

Your sincerely



You

[jaguarsuk]

Hello.

They sent me a settle figure with the deadline of the 10th September. They keep ringing me too, but I am not answering their calls.

It would be extremely appreciated if you could formulate a reply for me please? I feel a bit lost on what to do at this point.

Also, if they do send me the evidence, is it this point I approach them about settlement?

Thank you

If they do substantiate their claim with evidence then you go back to them and negotiate a settlement, you'll want a Tomlin Order to settle it now there is a claim in play.

Cost of sealing the order will be £100 which you can suggest you split 50/50, but don't be surprised if they expect you to cover the whole cost and bear it in mind when negotiating the settlement figure.

However, they haven't given you any evidence yet and they are stating the claim is stayed, so that would suggest they have failed to respond to the Directions Questionnaire they will have been sent by the court. The only reason they would do that is they don't have the evidence they need and want to pause proceedings while they get it.

There's an argument that if the claim is indeed stayed that you should apply to the court for the stay to be lifted, the particulars of claim to be struck out and summary judgement entered pursuant to CPR 24.2 (i). However, if they came up with the evidence before hearing of the application it would fail.

The application costs £255 to file and if you lose you would be liable to their costs for defending the application. If you won you'd ask for the £255 costs to be awarded and they'd pay it back.

I'd imagine you don't have £255 lying around or else you'd have probably have negotiated a settlement by now rather than this hassle, but it's only fair I point out all available options to you.

[thindes78]

CPR 31.14 does apply and the fact that they are not complying with it suggests they can't to me. Whether you should have had something previously is irrelevant and they should comply with your request.

They are lying about the default notice and they must evidence a compliant default notice to s.88 of the CCA 1974 has been served on you.

Furthermore they Notice of Assignment must be from JD Williams not them, s.136 of the The Law of Property Act 1925 talks about the assignor serving notice not the assignee.

The fact this is their reply to you filing a defence suggests to me that they know they have nothing.

I'd send the below if it were me, but you may wish to tone it down because I'm in a bad mood today and have probably written a properly vicious version.

Thank you JAGUARSUK just one question, do I email this response to them? or do I submit it via the MoneyClaim website?

I won't go with for the stay to be lifted, I can't afford to risk the £255. (not with the luck I am having at the moment)

So my plan will be to reply to them with your reply above, and wait to see if they do produce the evidence, then I will negotiate with them. I will seek advice here first, as I feel completely out of my depth.

Thank you for your help.

[jaguarsuk]

Thank you JAGUARSUK just one question, do I email this response to them? or do I submit it via the MoneyClaim website?

I won't go with for the stay to be lifted, I can't afford to risk the £255. (not with the luck I am having at the moment)

So my plan will be to reply to them with your reply above, and wait to see if they do produce the evidence, then I will negotiate with them. I will seek advice here first, as I feel completely out of my depth.

Thank you for your help.

You just post to them directly and don't need to send a copy to the court.

Any response whether with the evidence or not, then post here before responding.

[thindes78]

You just post to them directly and don't need to send a copy to the court.

Any response whether with the evidence or not, then post here before responding.

I have received a reply and they are discontinuing the CCJ.

Thank you so much, this really came at a bad time, and your help has been invaluable. It looks like it is still going to remain on my Credit Report..and I suppose they will possibly sell it on to another debt company to chase me? Can another Debt company try a CCJ?

I've attached their reply.

[MIKE770]

check with court in weeks time to confirm they received notice of discontinuance - good one!

[jaguarsuk]

I have received a reply and they are discontinuing the CCJ.

Thank you so much, this really came at a bad time, and your help has been invaluable. It looks like it is still going to remain on my Credit Report..and I suppose they will possibly sell it on to another debt company to chase me? Can another Debt company try a CCJ?

I've attached their reply.

The defaulted debt will be on the credit file until six years from the default, but it's much better than having a CCJ on there.

They could sell the debt to another without informing them, this is why you need to keep all of the paperwork and the discontinuance notice when it comes through sealed by the court. A new owner unaware of previous case should apply to the court to reopen the claim, but if they were unaware of this claim they might file a new one and you would have to inform the court along with evidence the outcome.

As for the nonsense about the debt being owed, your CCA request is still outstanding and their client can't enforce the debt unless they complete the request.

If it were me I would send the following to the address the solicitors have provided you to stop them phoning etc.:

Dear Sir/Madam

RE: Them -v- You Claim No: XXXXXXXX

I write regarding the above matter which you have instructed your solicitors to discontinue and you have been using reference XXX in your letters previous to the solicitor.

On XX/XX/2021 I sent you a request pursuant to sections 77-79 of the Consumer Credit Ac 1974 for a copy of the credit agreement it is alleged I entered into and this request remains outstanding, meaning the alleged debt is unenforceable.

Consequently until that request is settled I do not want to receive any telephone calls, text messages, emails, letters or any form of communication from you regarding this matter.

I hereby give you notice that except for satisfying my request any contact will be viewed by me as harassment and in breach of the Protection from Harassment Act 1997. In giving you notice you know or ought to know that contacting me would cause me harassment.

If you continue with unwanted communication I may file proceedings without further reference to you in the county court to recover damages.

Should you be misguided that the Protection from Harassment Act 1997 only applies to individuals I refer you to the matter of Fergusson v British Gas 2009 in which it was established that the defendant (a company) did harass the claimant (an individual) with substantial damages awarded.

Your sincerely



You

[thindes78]

The defaulted debt will be on the credit file until six years from the default, but it's much better than having a CCJ on there.

They could sell the debt to another without informing them, this is why you need to keep all of the paperwork and the discontinuance notice when it comes through sealed by the court. A new owner unaware of previous case should apply to the court to reopen the claim, but if they were unaware of this claim they might file a new one and you would have to inform the court along with evidence the outcome.

As for the nonsense about the debt being owed, your CCA request is still outstanding and their client can't enforce the debt unless they complete the request.

If it were me I would send the following to the address the solicitors have provided you to stop them phoning etc.:

Thank you x